Approver--Custody Of Approver--Section 343 BNSS Does Not Mandate Automatic Custody Of Approver Till End Of Trial--High Court May Grant Bail Under Section 528 BNSS
Custodial detention of an approver under Section 343(4)(b) of BNSS (corresponding to Section 306(4)(b) of CrPC) is protective, not punitive. The provision must be read alongside the clause "unless he is already on bail," indicating that detention is conditional, not absolute. Once an approver makes full and true disclosure and satisfies pardon conditions, continued detention may violate the right to personal liberty under Article 21 of the Constitution. The High Court retains inherent power under Section 528 of BNSS to grant bail in appropriate cases, even where the Trial Court has refused.
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